Business Fraud Lawsuit Defense Attorney
Our business attorneys defending fraud cases understand that a complete defense to fraud is that the accused’s lack of intent to defraud.
Author: Brad Nakase, Attorney
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Business and corporate fraud is a white-collar crime that involves illegal acts committed by a person or company. Business fraud is broadly defined to include making false promises, concealment of material facts, or intentional misrepresentation that is relied upon by others to your benefit or their detriment. People accused of fraud suffer from social problems such as loss of reputation, feelings of vulnerability, isolation and exposure. When a lawyer acts as a defense attorney in a fraud lawsuit, they asset various affirmative defenses.
The top fraud defense attorneys dealing with white-collar business defense are well-versed in using advanced tactics and strategies. They also are familiar with collecting and analyzing facts and gathering helpful witnesses to win a case. Because of the skills and time involved in a fraud defense, a successful defense requires the formation of a team of experts and attorneys; a single lawyer will not be sufficient. The best attorneys that litigate white-collar defense have an excellent and thorough knowledge of rules of evidence, court procedures, witness questioning, negotiations, etc.
In this article, our business fraud attorney who defends business fraud lawsuit discusses the following:
What is an example of fraud in a company?
Depending on the industry, there are different kinds of offenses related to fraud and scams. However, these offenses generally may be classified in the following groups:
- Business fraud. Business fraud includes concealing important facts, making false statements, or making a false promise that another person relied on, resulting in damages.
- Business contract fraud. Contract fraud exists when one of the parties involved in the contractual agreement presents information to the other party that is misleading, or false.
- EDD fraud. When a business or employer informs EDD of false information about employees’ wages or classification as an independent contract.
- Insurance fraud. If government or insurance agencies have reason to think that an individual injured themselves on purpose or caused damage to an insurer entity by filing claims, they can investigate the individual for insurance fraud. It is important to settle this kind of issue as soon as possible. A case of this kind can affect one’s eligibility for a policy in the future.
- Health care insurance fraud. In an effort to avoid approving claims, questionable health insurance providers may charge their clients with insurance fraud. In this scenario, it is best that an individual trusts their lawyer to handle the legalities.
- Unemployment Insurance fraud. If an individual unlawfully accepts unemployment insurance, he or she may face severe consequences, such as jail time and heavy fines. A conviction for Unemployment Insurance fraud also prevents an individual from ever being eligible for tax refunds and unemployment compensation.
- Welfare fraud. For Americans struggling to find work, welfare is a crucial safety net that allows them to buy food, pay for rent, and otherwise care for their families. If the government suspects that an individual is committing welfare fraud by pretending to have financial hardships, the penalties may be serious.
- Workers’ Compensation fraud. Unscrupulous companies may accuse their employees of workers’ compensation fraud when claiming insurance. Such businesses do this so that they do not have to pay fines and can get rid of injured or sick employees. For low-level or junior workers, it is vital to hire an experienced attorney who can offer legal recourse.
- Foreclosure fraud. It is important for appraisers and property brokers to review their paperwork related to real estate. If they misstate or omit certain information, it is possible they will be charged with foreclosure fraud. This is more likely if the underwriters believe that the individual was attempting to trick them.
- Financial fraud. Financial fraud is a broad category in that it includes many white-collar crimes such as skimming, tax avoidance, asset theft, and ghost employees. Most of the crimes count as misdemeanors. That said, a court may still charge an individual with a felony if it believes the individual acted maliciously.
- Identity theft and forgery. If an individual uses falsified records, then he or she may face charges of identity theft and forgery. This is the case even if the illegitimate records belong to a client. For this reason, it is important that an individual carefully reviews all clients’ documents prior to processing them.
- Elderly fraud. If an individual works as a broker or financial advisor, he or she may face charges from clients aged 65 and over, or from their family members, if the alleged victims suspect misappropriation of funds. The unfortunate truth is that often these charges grow out of simple misunderstandings. It is important that an individual fix the situation as quickly as possible to avoid other clients hearing about the accusations.
What are the consequences of fraud?
An individual and a business accused of company fraud can have assets seized through criminal or civil forfeiture. They may be required to make restitution in addition to all other penalties. When a business fraud case is handled poorly, fraud damages your reputation.
There can be devastating consequences for those convicted of the serious crime of fraud. Not only will an individual suffer from financial difficulties, but they will also become a corporate pariah. On a more personal level, they may suffer from depression and hopelessness after getting out of prison. Plenty of convicted professionals lose their whole careers. Few have the strength and resources to spring back after the consequences of fraud charges.
It is therefore important to minimize the charges from the very beginning. An individual should strive to plead innocent or reduce their sentence. Even a reduced sentence improves the chances that an individual can bounce back after the trial.
How can a fraud attorney help?
One of the biggest factors when it comes to the success or failure of a white-collar defense case is pre-trial preparation. For a successful defense, a legal time requires the time, resources, and expertise to perform a thorough investigation of the issue at hand.
If an individual has reason to believe that he or she is under investigation or may be charged with some form of fraud, it is in their best interest to contact an experienced team of business fraud defense attorneys to plan a defense. In general, white-collar crimes are dealt with in federal court. Federal court procedure is different than that of state court, and a defendant will want to have business defense lawyers on his or her side with plenty of experience in federal investigations, trials, and agencies. As of late, white-collar crimes like fraud are punished severely, so it is especially important that an individual charged with such a crime research the best legal team for the job.
When it comes to penalties, prosecutors often seek the most serious forms, such as imprisonment and fines. These, along with federal court penalties, can create a massive financial burden for the accused going forward. Even the suggestion that an individual may be involved in fraud is damaging to his or her reputation and future career, regardless of the evidence. Even after serving one’s sentence and paying the fines, an individual will have a hard time getting hired again. This is because few companies want to risk working with someone guilty of fraud. By hiring experienced criminal defense attorneys, an individual can protect themselves in court and in the opinion of society.
A talented team of fraud defense attorneys can minimize penalties and achieve favorable settlements in the form of low restitution payments.
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